Armonk Citizens Group to Appeal CVS Article 78 Decision
The president of the Armonk citizens group that saw the dismissal of its Article 78 challenging North Castle’s decision to grant CVS a special use permit has vowed to swiftly file an appeal.
Charlene Jacobi informed the town board at its Wednesday night meeting that Concerned Citizens of Armonk will look to have last week’s decision by state Supreme Court Justice Joan B. Lefkowitz overturned. Lefkowitz concluded in her April 4 ruling that the challenge lacked standing.
“Concerned Citizens of Armonk is very disappointed in the court’s decision,” Jacobi said. “With all due respect to the judge, we believe she misapplied the law and the facts of this case. We will be appealing this decision and do everything to expedite the appeal.”
The group has 30 days to file an appeal.
Much of the petitioners’ challenge surrounded allegations that town officials skirted the state Environmental Quality Review Act (SEQRA) process. Concerned Citizens contended that town officials ignored experts’ comments during the public hearing regarding the negative effect CVS could have on the hamlet’s downtown business district. The board voted 3-2 last July in favor of the permit.
However, Lefkowitz ruled that Concerned Citizens failed to show how they would be harmed even if the town would have complied with SEQRA to the group’s satisfaction, did not prove that being in close proximity to CVS at the Armonk Shopping Center on Main Street would be harmful and provided no credible evidence that a chain store would hurt Armonk’s business district.
Jacobi charged at the meeting that the current board majority that approved the permit has been fast-tracking certain zoning changes and permits, including CVS, to favored developers.
“I am here tonight to say that Concerned Citizens of Armonk will not stand by and let that happen,” Jacobi said. “We will appeal this erroneous decision and fight to assure that all the citizens of North Castle have access to the courts and right of due process protected.”
Before Jacobi spoke, Supervisor Howard Arden read his own statement, calling Concerned Citizens “selfish” for costing the town upwards of $25,000 in legal fees, the loss of sales tax revenue, wasting town employees’ time and for inconveniencing residents. He said the group and Jacobi, co-owner of Town Center Pharmacy with the most to lose if CVS opens, should be held up for scrutiny.
“I would hope the residents of North Castle will hold the Concerned Citizens and the town board supporters accountable for this costly and wasteful action,” Arden said.
However, during her comments, Jacobi said that Concerned Citizens’ challenge forced the town to have to go through the special permit process. While CVS could have moved into the space formerly occupied by A&P as an as of right use, it concealed its planned alterations that triggers a permit until the group got involved.
Arden vehemently denied that allegation, arguing that it was the town that pressed Armonk Shopping Center owner Werber Management into making site improvements.
The 20,000-square-foot store has been vacant since A&P moved out of the space in February 2012.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/